§ 42-6-148 — Off-highway vehicles - sales

Colorado § 42-6-148

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Certificates of Title -

Text

(1) (a) Unless the owner has
obtained a certificate of title for an off-highway vehicle under this article, a person
shall not sell the off-highway vehicle and a vehicle dealer shall not purchase the
off-highway vehicle; except that the dealer may purchase an off-highway vehicle
without a certificate of title if the vehicle has never been titled and was originally
purchased in:

(I) Colorado before July 1, 2014; or

(II) A foreign jurisdiction that does not or did not issue certificates of title to
off-highway vehicles when purchased.

(b) If an off-highway vehicle dealer purchases an off-highway vehicle
without a certificate of title, the dealer shall before finalizing the purchase require
the seller to sign an affidavit that:

(I) Is made under penalty of perjury;

(II) States whether the vehicle is subject to a lien interest, and if there is a
lienholder, the name of the lienholder;

(III) States that the seller owns the off-highway vehicle;

(IV) Indicates how long the seller has owned the off-highway vehicle; and

(V) Contains a warning to the seller that falsifying the affidavit is perjury
because the affidavit is submitted to a public official.

(c) Upon being contacted by a powersports vehicle dealer, a law
enforcement agency shall check the Colorado crime information center computer
system to ascertain if the off-highway vehicle has been reported stolen. If the off-highway vehicle has been stolen, the agency shall recover and secure the vehicle
and notify its rightful owner. Upon the release of the off-highway vehicle to the
owner or lienholder, the agency shall adjust or delete the entry in the Colorado
crime information center computer system.

(d) To obtain a title for an off-highway vehicle that an off-highway vehicle
dealer purchased without a certificate of title, the dealer must present to the
department an affidavit as described in paragraph (b) of this subsection (1), signed
by the seller from whom the off-highway vehicle dealer acquired the off-highway
vehicle.

(e) A sale or purchase made in violation of this subsection (1) is void.

(2) A current off-highway vehicle registration issued under article 14.5 of
title 33, C.R.S., is sufficient evidence of ownership to issue a certificate of title
under this part 1 if the off-highway vehicle was first purchased in Colorado before
July 1, 2014, and has been registered for at least one year.

(3) Until an off-highway vehicle is issued a certificate of title, the
attachment, recording, perfection, priority, renewal, extension, modification,
releasing, termination, foreclosure, and any other aspect of a security interest in an
off-highway vehicle is governed by the Uniform Commercial Code, title 4, C.R.S.

Legislative History

Source: L. 2013: Entire section added, (SB 13-280), ch. 407, p. 2396, � 39, effective June 5. L. 2016: (1) and (2) amended, (SB 16-010), ch. 69, p. 175, � 2, effective August 10.